| 1 | 1 | | 88R6619 MPF-D |
|---|
| 2 | 2 | | By: Oliverson H.B. No. 2020 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the suspension of a county elections administrator. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 31.037, Election Code, is amended to |
|---|
| 10 | 10 | | read as follows: |
|---|
| 11 | 11 | | Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. (a) |
|---|
| 12 | 12 | | The employment of the county elections administrator may be |
|---|
| 13 | 13 | | suspended, with or without pay, or terminated at any time for good |
|---|
| 14 | 14 | | and sufficient cause on the four-fifths vote of the county election |
|---|
| 15 | 15 | | commission and approval of that action by a majority vote of the |
|---|
| 16 | 16 | | commissioners court. |
|---|
| 17 | 17 | | (b) The secretary of state may enter a written order to |
|---|
| 18 | 18 | | suspend the employment of a county elections administrator at any |
|---|
| 19 | 19 | | time if: |
|---|
| 20 | 20 | | (1) an administrative election complaint is filed with |
|---|
| 21 | 21 | | the secretary of state; and |
|---|
| 22 | 22 | | (2) the secretary of state has good cause to believe |
|---|
| 23 | 23 | | that a recurring pattern of problems with election administration |
|---|
| 24 | 24 | | exists in the county served by the administrator, including any: |
|---|
| 25 | 25 | | (A) malfunction of voting system equipment; |
|---|
| 26 | 26 | | (B) unfair distribution of election supplies; |
|---|
| 27 | 27 | | (C) errors in tabulation of results; |
|---|
| 28 | 28 | | (D) delays in reporting election returns; and |
|---|
| 29 | 29 | | (E) discovery of voted ballots after the polls |
|---|
| 30 | 30 | | close. |
|---|
| 31 | 31 | | SECTION 2. Section 31.038, Election Code, is amended by |
|---|
| 32 | 32 | | amending Subsection (a) and adding Subsection (c) to read as |
|---|
| 33 | 33 | | follows: |
|---|
| 34 | 34 | | (a) Except as provided by Subsection (c), a [A] vacancy in |
|---|
| 35 | 35 | | the position of county elections administrator is filled by |
|---|
| 36 | 36 | | appointment of the county election commission. |
|---|
| 37 | 37 | | (c) A vacancy created by the suspension of a county |
|---|
| 38 | 38 | | elections administrator under Section 31.037(b) is filled by |
|---|
| 39 | 39 | | appointment of the secretary of state. An elections administrator |
|---|
| 40 | 40 | | appointed by the secretary of state under this subsection serves |
|---|
| 41 | 41 | | until the secretary determines that the recurring pattern of |
|---|
| 42 | 42 | | problems with election administration are rectified. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|